Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE RUBEN S. AYALA, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following questions: 1. Is a county sheriff authorized to investigate criminal acts alleged to have occurred at a state correctional facility? 2. Under what circumstances, if any, may a county sheriff decline to investigate criminal acts alleged to have occurred at a state correctional facility? CONCLUSIONS 1. A county sheriff is authorized to investigate criminal acts alleged to have occurred at a state correctional facility. 2. A county sheriff may decline to investigate criminal acts alleged to have occurred at a state correctional facility when, for example, the crime report is patently frivolous, a preliminary investigation shows the allegations to be without merit, or he has an agreement that another law enforcement agency having jurisdiction over the matter will carry out the appropriate investigation. ANALYSIS 1. Investigative Authority of the Sheriff The first question to be resolved is whether a county sheriff has the authority to investigate crimes allegedly committed at a state prison. We conclude…