Untitled Texas Attorney General Opinion ( 1968 )

'Hon. Homer .Garrieon, Jr., director Opinion No. M-183 Texas ,Departmentof Public Safety Austin, Texas Re: Whether F.B.I. vehiales are "aufhoriaed emergency vehticles",as def.ineCin Article 670&d, Section 2(d), Vernon's Civil Dew *. Garrison: Statutes. You have requested an opinion,of this office as to whether Federal Bureau of Investigation vehicles are "authorized emergency vehicles" within the meaning of Articlp 67Uld, Section 2(d,),'Vernon'swCivil~ Statutes. Saia Article 6'7Old,SectionZ(dj reads as.fallows: "Authorized Emergency Vehicle.~ VehLcles,of~ the fire department'(ffre patrol); ,police vehicles; public and private,ambulances.for Which'pennits have'been-issued,-by,the State- Board of Hea,lth,emergency',,vehiclesormunic- ipal department6 or public service corpora- ~' tions 'as era desginated,,orauthorised,by,the, governing body ,ofan incorporated.city,;.and private vehicles operated by volunteer fire- men while answering,,=fire~~alann.” The director, associate,'assistants, inspector5-,and'~~ agents of the Federal Bureau of Investigationof the,Bepart- ment of Justice may carry fireans;'serve-.warrants-ana sub- poenas issuea,under the authori,ty,of-,the United~,States.and make arrests without,warrant for,any,.offense~.$nthe .violation of the penal laws of,the,United States committed,-in their- presence, or for any felony offense.~c'ogni,sable~,ander the-laws of the United States if they havereasonable,-grounds.to.believe .that the person to be arrested.has ,committ~ed'orib'conunktting such felony,. ~18 U.S.C. 3052. Theyare'likewise empowered to make seizures under warrant for violation of the laws of the United States. 18 U.S.C. 3105. -877- . . Hon. Homer Garrison, Jr., Page 2 (M-183 In Attorney General's Opinion NO, V-580 (1848) #is office, in interpreting a similar versionof the above referred Act, then existing, expressed.the ,opinionthat. automobiles operated by the United,States-Immigration Border Patrol were "police vehicles" within the meaning of such Aat and in so doing stated.as.,follows:' "In the absence of a statutory 'definitionas to what is a police vehicle, we mustlook to the intent of the Legislature to arrive at a proper understanding of the.term, 'Zn this regard, it is reasonable to suppose,that the intent of the Legislature was that.,apol,ice vehicle should include any official vehicle used to discharge functions vitally connected with public safety. It aannot be conceived that the Legislature intended solely those vehicles used in enforcing traffic,,laws." It is further expres,sedin.said opinionthat: "It is inconceivable that our State Legislature intended only State and tocal police officers to enjoy this special sanction in attempting to keep the peace and enforce the law of the land." The above,recited duties,and 'powersof the Federal Bureau of Investigation clearly show that such vehicles when used In an official capacity are used to disaharge functions vitally connected with public safety;,, Attorney General's Opinion v-580, together'with the departmental construction thereunder;.having~stood unmolested by statutory amendment,during the years since the,,issuanceof such opinion are themselves authorities for.the.proposition, and it 16,the opinion of this office; that.,FederalBureau of Investigation vehicles are "police vehicles" and therefore are "authorized emergency vehicles" within the meaning af said Article 6701d, Section 2(d); SVMMARY~ Federal Bureau of In,vestigationvehicles are "police vehicles" and therefore are "authorized -878- emergency vehicles” within the meaning of said Article 6701d, Section Z(d). truly yours I krn~ c. MARTIN General of Texas Pxepared by Monroe Cluytqn Assistant Attorney General, APPFtQmD: OPINION.C~MITTEE: Hawthorne Phillips, Cha&rrl\an Kerns B. Tay&or, Co-Cha$rman Douglaw IiiChilton Mark white Harold’Kennady ,..,. STAFF LEGAL&s~sTANT A. J. Carubbi’,Jr,