Request By:
Mr. A. Jack May, Director
Division of Legal Services
Department of Justice
Bureau of Training
Stratton 354, EKU
Richmond, Kentucky 40475
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter of September 3, 1981, regarding airport safety and security.
As your letter mentions, KRS 183.881(1) provides that safety and security officers "shall have general police powers to arrest, without process, all persons who within their view commit any crime or misdemeanor. "
Your letter asks if the phrase "who within their view commit, " found within KRS 183.881(1), means within the physical sense of sight or does it refer to the judgment or opinion of the security officer, i.e., those factors within the officer's knowledge constituting probable cause?
Under the common law, if the crime in question is a misdemeanor, the misdemeanor must be committed in the "presence" of the officer in order for the officer to make an arrest without a warrant. Thus, if a misdemeanor is involved, the phrase "within their view" means "view" in the sense of physical presence. Johnson v. Commonwealth, Ky., 443 S.W.2d 20 (1968). If a felony is involved, the phrase "within their view" means those factors within the officer's knowledge constituting probable cause, as opposed to "view" in the sense of physical sight or presence. Sampson v. Commonwealth, Ky., 609 S.W.2d 355 (1980).
Your letter also asks if all of the powers and authority enumerated for special law enforcement officers in KRS 61.900-926 also apply to safety and security officers, appointed under authority of KRS 183.880, in addition to those powers enumerated in KRS 183.881. Yes. KRS 61.900(6)(c) includes in its definition of "special law enforcement officer, " public airport authority security officers. Therefore, as special law enforcement officers, public airport authority security officers have the powers and authority set forth in KRS 61.900-926 in addition to those set forth in KRS 183.881. See 61.912 as to a special law enforcement officer's power of arrest in the case of misdemeanors and felonies.
It should be pointed out that in order for an individual to have the power of either an airport safety and security officer or a special law enforcement officer, that individual would first have to be appointed to those positions; as per KRS 183.880 in the case of an airport safety and security officer and as per KRS 61.902 in the case of a special law enforcement officer.
It is hoped that this has adequately answered your questions. If not, please feel free to call.