bcla
On our rugged Eastern foothills.....
- Joined
- Nov 28, 2012
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In regard to jurisdiction, there may be an important point to note. The remains of Ms. Petito were not found inside Grand Teton National Park. They were found just outside the boundary of the park itself, on land designated as part of the Bridger-Teton National Forest. What makes that tricky is that while National Park lands are considered to be completely under the control of Federal authorities, the same is not always true of National Forests. There are law enforcement agents of the Forest Service stationed in National Forests, whose job it is to investigate crimes that affect the environment (such as arson or illegal logging), but it is fairly common in the National Forests to leave crimes against persons to be dealt with by local authorities. (I'm not an expert, but I live near one of the more populated Nat'l Forests, and this often comes up when murders are committed in rural areas that fall within it; usually those are handled by county law enforcement.)
14 USC 480:
To answer a question posed above: yes, authorities initially brought out extra searchers for the men reported missing in Grand Teton. Cian McGlaughlin, a 27 year old Irishman temporarily working in the area, was last seen walking in the area on June 8th and was declared missing on June 12th. The last public notice about the search was posted June 23rd. The other man, Robert Lowery, a 46 yo from Houston, was last seen in a nearby town on August 19th, and told his sister he intended to go camping in the Park, though he had no experience. His phone was last used on August 23rd, and there has been no trace since. Apparently, the big search parties normally go out for about a week, but if no trace is found they usually get dialed back to the point that only the on-duty rangers continue to search.
These are HUGE areas of land, and searching every inch of them indefinitely is beyond the normal resources of law enforcement. Honestly, it's probably a miracle that people don't stay lost more often. Apparently, remains of a kayaker who went missing near the Park in 1995 and were found in a different state in 2002 were positively identified only a few days ago, after an officer who was on the original case happened to read an article in an old magazine and wondered if the unidentified remains it mentioned might be his missing kayaker. (In that case, they knew the man was dead because they briefly located his body, but the river took it before it could be recovered.)
I've followed some of the interesting stuff about justidctional issues in national forests. At least in my state, local law enforcement has to specifically authorize specific federal law enforcement to enforce state laws within their jurisdictions. This can get tricky when there are multiple jurisdictions - usually across county lines, although I've heard it's supposed to be perfunctory. There is a specific carve out for "national park rangers" although it's not specific that it's for only law enforcement rangers with the authority to carry guns. But in many ways I was under the impression that many local law enforcement would prefer that they not have to provide routine law enforcement on federal land, especially many rural areas where there's a lot of land and not enough sworn officers.
We had a case where the Sheriff of El Dorado County rescinded Forest Service law enforcement personnel in his county from enforcing state laws in the county.
Sheriff John D’Agostini is taking the unusual step of pulling the police powers from the federal agency because he says he has received “numerous, numerous complaints.”
In a letter obtained by CBS13, the sheriff informs the federal agency that its officers will no longer be able to enforce California state law anywhere in his county.
“I take the service that we provide to the citizens of El Dorado County and the visitors to El Dorado County very seriously, and the style and manner of service we provide,” D’Agostini said. “The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”
The sheriff won’t give specifics, but he says he’s concerned about the number of complaints his department’s received against the federal officers.
We asked law professor John Myers if the sheriff’s actions can supercede the feds.
“Looks to me as though the sheriff can do this,” he said. “They don’t have state powers in the first place, but essentially the sheriff can deputize individuals to have authority in his or her jurisdiction.”
The U.S. Forest Services wouldn’t comment beyond this statement:
“The U.S. Forest Service Law Enforcement has not received this letter yet, but we have valued our partnership and good working relationship with the county over the years.”
But with limited resources and such a large area to patrol, some may be concerned that public safety may be compromised.
And yeah it gets strange depending on a number of legal jurisdictional issues. The different jurisdictional categories are proprietary (where specific laws regarding a specific type of federal property apply), exclusive (where the feds have sole jurisdiction), or concurrent (where either jurisdiction can choose to prosecute a crime).