Opinion No. (1997)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING, has requested an opinion on the following question: If a police officer or deputy sheriff fails to complete the training prescribed by the Commission on Peace Officer Standards and Training or obtain the basic certificate issued by the commission, what powers may such officer exercise? CONCLUSION If a police officer or deputy sheriff fails to complete the training prescribed by the Commission on Peace Officer Standards and Training or obtain the basic certificate issued by the commission, such officer may exercise only non-peace officer powers; the officer may not exercise the powers of arrest, serving warrants, carrying concealed weapons without a permit, or similar peace officer powers. ANALYSIS We are here concerned with police officers and deputy sheriffs who are required to complete a comprehensive course of training prescribed by the Commission on Peace Officer Standards and Training ("Commission"). Two statutes are the focus of this opinion. Penal Code section 832.3 , subdivision (a) 1 provides: ". . . any sheriff, undersheriff, or deputy…