Proposed legislation would expand arrest powers to more ASG departments

Pago Pago, AMERICAN SAMOA — In line with the battle against methamphetamine (aisa) and marijuana (mealele) in the territory, the government is amending laws to expand arrest powers to other departments, in addition to the Department of Public Safety officers. The proposed measure is outlined in a bill that is pending before the Senate.

“American Samoa is facing increasing problems involving the importation and sale of drugs; and American Samoa faces increasingly complex and specialized needs for law enforcement services in multiple departments; and the Government needs flexibility to address evolving law enforcement needs.”

According to the bill, section 1. 46.0201 of the American Samoa Code Annotated that appoints officers under current law stipulates that the Commissioner of Public Safety shall appoint deputy law enforcement officers as the exigencies of the public service may require.

“Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer.”

It is now proposed that a “police officer” or “law enforcement officer” is a person who is employed as a law enforcement officer by a department or agency authorized to employ law enforcement officers; and a graduate of a police academy approved by the Commissioner of Public Safety or otherwise authorized by law.

 “In order to exercise a law enforcement officer’s power of arrest, with or without a warrant, or to execute a search warrant, a person must be a law enforcement officer as defined in [the] subsection.

“The following departments or agencies are authorized to employ law enforcement officers:

Department of Public Safety; Department of Homeland Security; Department of Legal Affairs; Department of Port Administration as provided in Section 4.0202; Department of Treasury, Customs Office; Department of Corrections; Department of Search and Rescue and other agencies that authorized by law.

“The Commissioner of Public Safety shall appoint deputy law enforcement officers as the agencies of the public service may require.

“Persons appointed and commissioned under this section shall have and may exercise all of the power and authority of a police officer.”

According to the proposed bill nothing in this code section shall have any effect on the authority of the court to make arrests pursuant to the order of the High Court or District Court.

Also: “Nothing in this code section shall limit the authority of an Immigration Officer to exercise the authority conferred by Title 41 to make arrests of aliens.”

In addition, amended is Sec 2. 46.0202 concerning security guards, Department of Port Administration Police Officers appointment and powers.

It would read, “Employees of the airport manager Department of Port Administration engaged as security guards police officers, upon specific authorization and direction of the Commissioner, shall have all of the powers of police officers, including the power of arrest; provided, that such powers shall remain in force and effect only while the security guards police officers are in actual performance of their duties as security guards police officers on the property of an airport or seaport operated by the Department of Port Administration.”