[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR1049.4]



[Page 947-948]

 

                            TITLE 10--ENERGY

 

          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)

 

PART 1049_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE 

FORCE OFFICERS OF THE STRATEGIC PETROLEUM RESERVE--Table of Contents

 

Sec. 1049.4  Arrest authority.



    (a) Under the Act, the authority of a DOE Protective Force Officer 

to arrest without warrant is to be exercised only in the performance of 

official duties of protecting the SPR and persons within or upon the 

SPR.

    (b) A Protective Force Officer is authorized to make an arrest for a 

felony committed in violation of laws of the United States, or for a 

misdemeanor committed in violation of laws of the United States if the 

offense is committed in the officer's presence.

    (c) A Protective Force Officer also is authorized to make an arrest 

for a felony committed in violation of laws of the United States if the 

Officer has reasonably grounds to believe that the felony has been 

committed, or that the suspect is committing the felony, and is in the 

immediate area of the felony or is fleeing the immediate area of the 

felony. ``Reasonable grounds to believe'' means that the facts and 

circumstances within the knowledge of



[[Page 948]]



the Protective Force Officer at the moment of arrest, and of which the 

Protective Force Officer has reasonably trustworthy information, would 

be sufficient to cause a prudent person to believe that the suspect had 

committed or was committing a felony.