Oklahoma Administrative Code
Title 595 - Department of Public Safety
Chapter 35 - Enforcement of Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act
Section 595:35-1-12 - Department of Public Safety port of entry officers
Current through Vol. 41, No. 13, March 15, 2024
(a) Department of Public Safety port of entry officers (DPS POE officers) are DPS commissioned inspectors or DPS civilian inspectors assigned to Troop S to work only at and around port of entry locations. See generally 47 O.S. § 14-116.
(b) In accordance with 47 O.S. §2-117 any officer designated and commissioned by the Commissioner is declared to be a peace officer of the State of Oklahoma and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of the state.
(c) The Commissioner shall designate and commission DPS POE officers. The Commissioner may also appoint civilian DPS POE officers. All DPS POE officers shall only be assigned to and supervised by Troop S.
(d) The Commissioner has the authority to authorize any officer, employee, or agent of the Department to conduct the activities necessary to administer the Act. See 47 O.S. § 230.4.
(e) Commissioned DPS POE officers shall have the powers and authority now and hereafter vested by law in other peace officers, including the right and power of search and seizure, except the serving or execution of civil process, and the right and power to investigate and prevent crime and to enforce the criminal laws of this state. However, the duties of the DPS POE officers and civilian DPS POE officers shall be limited to:
(f) All commissioned DPS POE officers shall be CLEET certified peace officers. To become qualified for designation as peace officers, DPS POE officers shall meet the training and screening requirements conducted by the Department and certified by the Council on Law Enforcement Education and Training within six (6) months of employment.
(g) Only CLEET certified peace officers shall carry a weapon.
(h) DPS POE officers are not and shall not be considered Oklahoma Highway Patrol Troopers.
(i) The powers and duties conferred upon said commissioned DPS POE officers shall in no way limit the powers and duties of sheriffs or other peace officers of the state, or any political subdivision thereof.
(j) No state official, other than members of the Department, shall have any power, right, or authority to command, order, or direct any DPS POE officer to perform any duty or service. DPS POE officers shall not be commanded, ordered, or directed to perform any duty or service outside the limitations of (e).